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1. The Defendants shall jointly and severally pay to the Plaintiff KRW 149,292,100 and the interest rate thereon from November 14, 2015 to the date of full payment.
Reasons
1. Basic facts
A. Defendant B farming association corporation (hereinafter “Defendant corporation”) is an agricultural association corporation established on December 20, 2010 pursuant to the Act on Fostering and Supporting Agricultural and Fisheries Enterprises for the purpose of running agriculture business, establishing and operating joint-use facilities related to agriculture, shipping, distributing, processing, exporting and selling agricultural products, and conducting incidental business thereof (hereinafter “Agricultural and Fisheries Business Entities Act”).
B. Defendant C is classified as the director and representative director of the Defendant Corporation, Defendant D, F, and G as the director of the Defendant Corporation, and Defendant E as the auditor of the Defendant Corporation.
C. Upon the request of the Defendant corporation, the Plaintiff supplied the Defendant corporation with an amount equivalent to KRW 274,392,100, such as crude rice and rice, from December 24, 2014 to April 13, 2015. The Defendant corporation paid KRW 125,100,000 out of the price of the goods.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 3, the purport of the whole pleadings
2. According to the facts of the determination as to the cause of the claim, the defendant corporation is obligated to pay the Plaintiff the amount of KRW 149,292,100 (i.e., the amount of KRW 274,392,100 - 125,100 million) pursuant to the goods supply contract with the Plaintiff. Since the above goods payment obligation is a partnership obligation that is incurred through commercial activities for all members, the defendant C, D, E, F, and G are jointly and severally liable to pay the said goods pursuant to Article 57(1) of the Commercial Act.
Therefore, the Defendants are jointly and severally liable to pay to the Plaintiff the above KRW 149,292,100 as well as damages for delay calculated at the rate of 15% per annum from November 14, 2015 to the date of full payment, which is the day following the final delivery of a copy of the complaint to the said Defendants, as sought by the Plaintiff.
Article 3 (1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings is amended by Presidential Decree No. 26553, and Article 3 of the same Act enters into force on October 1, 2015.